# C_2019213EN.01006901.xml

| 24.6.2019 | EN | Official Journal of the European Union | C 213/69 |
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24.6.2019

EN

Official Journal of the European Union

C 213/69

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Action brought on 24 April 2019 — PNB Banka and Others v ECB

(Case T-275/19)

(2019/C 213/67)

Language of the case: English

Parties

Applicants: PNB Banka AS (Riga, Latvia),  CR (*1),  CT (*1) (represented by: O. Behrends, and M. Kirchner, lawyers)

Defendant: European Central Bank (ECB)

Form of order sought

The applicants claim that the Court should:

| — | annul the ECB’s decision of 14 February 2019 to conduct an on-site inspection on the premises of PNB Banka AS and its group companies; |
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annul the ECB’s decision of 14 February 2019 to conduct an on-site inspection on the premises of PNB Banka AS and its group companies;

| — | order the defendant to pay the costs. |
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order the defendant to pay the costs.

Pleas in law and main arguments

In support of the action, the applicants rely on ten pleas in law.

| 1. | First plea in law, alleging that the ECB was not the competent supervisory authority with respect to PNB Banka AS at the time of the decision to conduct the on-site inspection. |
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1.

First plea in law, alleging that the ECB was not the competent supervisory authority with respect to PNB Banka AS at the time of the decision to conduct the on-site inspection.

| 2. | Second plea in law, alleging that the contested decision was not ‘necessary’ within the meaning of Article 12 of the SSM Regulation. (1) |
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2.

Second plea in law, alleging that the contested decision was not ‘necessary’ within the meaning of Article 12 of the SSM Regulation. (1)

| 3. | Third plea in law, alleging that the ECB failed to duly exercise its discretion pursuant to Article 12(1) of the SSM Regulation. |
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3.

Third plea in law, alleging that the ECB failed to duly exercise its discretion pursuant to Article 12(1) of the SSM Regulation.

| 4. | Fourth plea in law, alleging that the ECB violated the principle of proportionality. |
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4.

Fourth plea in law, alleging that the ECB violated the principle of proportionality.

| 5. | Fifth plea in law, alleging that the ECB violated the applicants’ rights to be heard. |
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5.

Fifth plea in law, alleging that the ECB violated the applicants’ rights to be heard.

| 6. | Sixth plea in law, alleging that the ECB violated its obligation to examine and appraise carefully and impartially all the relevant aspects of the individual case. |
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6.

Sixth plea in law, alleging that the ECB violated its obligation to examine and appraise carefully and impartially all the relevant aspects of the individual case.

| 7. | Seventh plea in law, alleging that the ECB violated the obligation to provide adequate reasoning for its decision. |
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7.

Seventh plea in law, alleging that the ECB violated the obligation to provide adequate reasoning for its decision.

| 8. | Eighth plea in law, alleging that the ECB violated the principles of legitimate expectations and legal certainty. |
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8.

Eighth plea in law, alleging that the ECB violated the principles of legitimate expectations and legal certainty.

| 9. | Ninth plea in law, alleging that the ECB violated the principle of equal treatment and acted in a discriminatory manner with respect to the applicants. |
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9.

Ninth plea in law, alleging that the ECB violated the principle of equal treatment and acted in a discriminatory manner with respect to the applicants.

| 10. | Tenth plea in law, alleging that the ECB violated Article 19 of and recital 75 to the preamble of the SSM Regulation and committed a détournement de pouvoir. |
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10.

Tenth plea in law, alleging that the ECB violated Article 19 of and recital 75 to the preamble of the SSM Regulation and committed a détournement de pouvoir.

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(*1)  Information erased or replaced within the framework of protection of personal data and/or confidentiality.

(1)  Council Regulation (EU) No 1024/2013 of 15 October 2013 conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions (OJ 2013 L 287, p. 63).

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